WHEREAS, the Council approved the City of Kapolei Urban Design Plan (January 1991) by adopting Resolution 91-34 on February 13, 1991; and

    WHEREAS, the Council approved revisions to the City of Kapolei Urban Design Plan by adopting Resolution 95-60 on April 12, 1995, and Resolution 98-227 on September 23, 1998; and

    WHEREAS, by Ordinance 04-45, the City and County of Honolulu (“City”) rezoned approximately 202.097 acres of land in Ewa (TMK: 9-1-16: Por. 1, 30, 34, Por. 122, Por. 123; and 9-1-88: Por. 12) owned by Kapolei Property Development, LLC, and by C.R. Churchill, D.A. Heenan, Richard W. Gushman, II and Ronald J. Zlatoper, the duly appointed, qualified and acting Trustees under the Will and of the Estate of James Campbell, Deceased (hereinafter “Campbell Estate”) from the AG-1 Restricted Agricultural District, AG-2 General Agricultural District, and B-2 Community Business District to BMX-3 Community Business Mixed Use District, B-2 Community Business District and P-2 General Preservation District to permit the continued construction of the City of Kapolei in Ewa, Oahu; and

    WHEREAS, in conjunction with the zone change, Campbell Estate and Kapolei Property Development, LLC, executed a Unilateral Agreement and Declaration for Conditional Zoning dated November 17, 2004 (“2004 Unilateral Agreement”); and

    WHEREAS, Condition 6 of the 2004 Unilateral Agreement required that Kapolei Property Development, LLC, submit to the Department of Planning and Permitting (“DPP”) for its review proposed revisions to the City of Kapolei Urban Design Plan, as amended; and

    WHEREAS, in compliance with Condition 6 of the Unilateral Agreement, Kapolei Property Development, LLC, has submitted to DPP for its review and approval proposed revisions to the City of Kapolei’s Urban Design Plan (“2005 Kapolei Urban Design Plan Revisions”) and said revisions are attached hereto as Exhibit “1”; and

    WHEREAS, the 2005 Kapolei Urban Design Plan Revisions incorporates the modifications discussed in the 2004 Unilateral Agreement; and

    WHEREAS, the DPP has reviewed the 2005 Kapolei Urban Design Plan Revisions submitted by Kapolei Property Development, LLC, and recommends that the Council approve said revisions; and

    WHEREAS, the Council has reviewed the 2005 Kapolei Urban Design Plan Revisions submitted by Kapolei Property Development, LLC, regarding whether it fulfills the requirements of Condition 6 of the 2004 Unilateral Agreement; now, therefore,

    BE IT RESOLVED by the Council of the City and County of Honolulu that the 2005 Kapolei Urban Design Plan Revisions submitted by Kapolei Property Development, LLC, are hereby approved and incorporated by reference into and made part of the City of Kapolei’s Urban Design Plan dated January 1998; and

    BE IT FURTHER RESOLVED that the City of Kapolei’s Urban Design Plan dated January 1998, as amended, remains in effect, and to the extent that the 2005 Kapolei Urban Design Plan Revisions are inconsistent with or in conflict with the 1998 Urban Design Plan, said 2005 revisions shall take precedence and supercede the 1998 Urban Design Plan; and

    BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the Director of Planning and Permitting, Kapolei Property Development, LLC, and the Campbell Estate.

                         INTRODUCED BY:

                        

                        
DATE OF INTRODUCTION:
                        

        
Honolulu, Hawaii                     Councilmembers

Policy Resolutions